HomeMy WebLinkAbout08-13-2001MINUTES
MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, August 13, 2001
Council Chambers, Municipal Building
Meeting No. 01-17
A.
B.
C.
D.
E.
F
CALL TO ORDER:
A meeting of the City Council was held in the Maplewood Room, at the Municipal Building, and was
called to order at 7:00 P.M. by Mayor Cardinal.
PLEDGE OF ALLEGIANCE
ROLL CALL
Robert Cardinal, Mayor Present
Sherry Allenspach, Councilmember Present
Kenneth V. Collins, Councilmember Present
Marvin C. Koppen, Councilmember Absent
Julie A. Wasiluk, Councilmember Present
APPROVAL OF MINUTES
Councilmember Collins moved to approve the minutes of Meeting No. 01-15 (July 23, 2001) as
presented.
Councilmember Allenspach seconded.
Ayes -All
Councilmember Wasiluk moved to approve the CounciUManagers Workshop Minutes of July 23, 2001
as presented.
Councilmember Allenspach seconded. Ayes -All
APROVAL OF AGENDA
M1. Study on Garbage Hauling
M2. Joy Park
Councilmember Allenspach moved to approve the agenda as amended.
Councilmember Wasiluk seconded. Ayes -All
APPOINTMENT S/PRESENTATIONS
None
G. CONSENT AGENDA
Councilmember Wasiluk moved to approve the Consent Agenda items as presented.
Seconded by Councilmember Allenspach. Ayes -All
1. Approval of Claims
ACCOUNTS
PAYABLE:
$373,110.26 Checks #54777 thru #54862 dated 7/24/01
$193,138.91 Disbursements via debits to checking account
dated 7/17 thru 7/23/01
$31,606.25 Checks #54863 thru #54867 dated 7/20 thru 7/26/01
$162,409.06 Checks #54868 thru #54940 dated 7/31/01
$105,961.76 Disbursements via debits to checking account
dated 7/24 thru 7/30/01
$83,766.75 Checks #54941 thru #54948 dated 7/31 thru 8/2/01
$428,990.44 Checks #54949 thru #55017 dated 8/7/01
$1,131,808.61 Disbursements via debits to checking account
dated 7/31 thru 8/6/01
$2,510,792.04 Total Accounts Payable
PAYROLL:
$361,396.26 Payroll Checks and Direct Deposits dated 7/6/01
$27,125.00 Payroll Deduction check #84663 thru #84669 dated 7/6/01
$353,629:b~~yra11 Checks and Direct Deposits dated 8/3/01
$27,206.14 Payroll Deduction check #85129 thru #85135 dated 8/3/01
$769,354.49 Total Payroll
$3,280,146.53 GRAND TOTAL
2. Afton Ridge Final Plat (McKnight Road and Lower Afton Road)
Approved the Afton Ridge final plat. This approval is subject to recording the plat and all deed
restrictions and covenants with the county. In addition, no grading permits will be issued until
homeowner's association documents and developer's agreement are approved by the city.
3. Employee Insurance Renewal
Authorized the Finance Director to make the appropriate budget changes and to close the Dental
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Self-Insurance Fund by a transfer from the Payroll Benefits Fund.
4. Flex Plan Health Care Reimbursement
Adopted the Flex Plan Health Care effective October 1, 2001.
5. Donation to Maplewood Police Reserve
Approved to accept a donation to the Maplewood Police Reserve and directed finance to make
the necessary budget adjustments so that it may be used to purchase equipment for the reserve
program.
6. Presentation of Blessed Virgin Mary Church -Temporary Gambling
Approved the following resolution that approves the temporary gambling request from the
Presentation of Blessed Virgin Mary Church.
RESOLUTION 01-08-67
Presentation of Blessed Virgin Mary-Lawful Gambling
BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the
temporary premises permit for lawful gambling is approved for the Church of Presentation of the
Blessed Virgin Mary, 1725 Kennard Street, Maplewood, Minnesota.
FURTHERMORE, that the Maplewood City Council waives any objection to the
timeliness of application for said permit as governed by Minnesota Statute • 349.213.
FURTHERMORE, that the Maplewood City Council requests that the Gambling Control
Division of the Minnesota Department of Gaming approve said permit application as being in
compliance with Minnesota Statute • 349.213.
NOW, THEREFORE, BE IT FURTHER RESOLVED that this Resolution by the City
Council of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their
approval.
Maplewood Oakdale Lions Club -Temporary Beer
Approved the application for a temporary beer license from the Maplewood Oakdale Lions Club.
8. Personal Service License -Andrew Zelinkas -Salon Nostalgia
Approved the individual personal service license for Mr. Zelinkas.
9. Personal Service License -Joanna Kelly -Specific Family Chiropractic
Approved the individual personal service license for Ms. Kelly.
10. Interfund Loans for Tax Increment Funds
Adopted the following resolution that allows automatic interfund loans for tax increment funds
and to provide the terms and conditions for repayment.
RESOLUTION O1-08-63
INTERFUND LOANS FOR TAX INCREMENT FUNDS
Whereas, state law requires that interfund loans for tax increment funds be approved in
advance along with the terms and conditions for repayment;
Whereas, it is city policy to automatically make interfund loans when a fund has a
temporary cash deficit;
Whereas, interest is charged on these loans monthly at the same rate earned on
investments for the current month and they are automatically repaid when the fund has a positive
cash balance.
Now therefore, be it resolved, that (1) interfund loans for tax increment funds are
authorized whenever a fund a has a temporary cash deficit, (2) interest will be charges at the
same rate as the average rate earned on investments for the current month, and (3) they will be
automatically repaid when the fund has a positive cash balance.
11. Hill Murray School Temporary Gambling
Adopted the following resolution that grants a temporary gambling license to be used October 5,
2001 at Hill Murray School:
RESOLUTION O1-08-64
HILL MURRAY TEMOPORARY GAMBLING
BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the
temporary premises permit for lawful gambling is approved for the Hill Murray School, 2625
Larpenteur Avenue East, Maplewood, Minnesota
FURTHERMORE, that the Maplewood City Council waives any objection to the
timeliness of application for said permit as governed by Minnesota Statute.349.213.
FURTHERMORE, that the Maplewood City Council requests that the Gambling Control
Division of the Minnesota Department of Gaming approve said permit application as being in
compliance with Minnesota Statute.349.213.
NOW, THEREFORE, be it further resolved that this Resolution by the City Council of
Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval.
12. Resolution Certifying Election Judges for Primary Election
Adopted the following resolution that accepts the flowing list of Election Judges for the 2001
Primary Election.
RESOLUTION O1-08-65
CERTIFIFCATION OF ELECTION JUDGES
RESOLVED, that the City Council of Maplewood, Minnesota, accepts the following list of Election Judges for
the 2001 Primary Election, being held on Tuesday, September 11, 2001:
PRECINCT NO. 1
Marlys Barrett
Audrey Duellman
Joan Kolasa
Marvella Lackner
Louise Nieters
PRECINCT NO. 2
Betty Granger
Jacqueline Hayne
Barbara Johnson
Joseph Kolasa
Rose Marie Manders
Esther Maudal
James Nieman
Elizabeth Olson
Jacque Phillippi
Milo Thompson
Betty Eddy
Shirly Evertz
Thelma Ling
Blaine Markie
Patricia Trumble
Cecilia Tucker
PRECINCT NO. 6
Joan Button
Margaret Cokley
Mae Davidson
Virginia Dehn
John Henry
Richard Lambert
William Little
RoseMarie Rossi
PRECINCT NO. 7
Jeanette Bunde
Ron Kockelman
Rita Lally
Howard Muraski
Mary Ann Schneider
Don Schroepfer
PRECINCT NO. 10
Joan Cottrell
Ann Fallon
Betty Haas
Mona Krekelberg
Neva Norman
Marlene Reitmann
D. Franklin Tolbert
PRECINCT NO. 11
Lorraine Fischer
Mary Fischer
Rita Fredrickson
Edward Kuehnel
Betty Mossong
Ruth Prettner
Louis Spies
PRECINCT NO. 12
Lucille Cahanes
Jennifer Hollerbach
Margaret Kunde
Jackie Meyer
Arthur Mollica
Beverly Ogilvie
Phyllis Pauly
Larry Schaaf
Evelyn Skluzacek
Delores Fitzgerald
Guy Grant
Lorraine Lauren
Richard Lofgren
Delores Marsch
Elaine Rudeen
Florence Sajevic
Theresa Sullivan
Geraldine Trooien
PRECINCT NO. 3
Jaime Belland
Jean Dickson
Kathy Dittle
Barbara Gallagher
JeffJanacek
Rosemary Koch
Pat Thompson
Carmen Tomaszewski
Gene Wandersee
PRECINCT NO. 4
Geraldine Callahan
Grace Dornfeld
Fred DuCharme
Walter Hayde
Barbara Leiter
Joan Misgen
David Pehl
Lorraine Rosauer
Jessica Ryden
Mary Vante
John Willy
Steve Young
PRECINCT NO. 5
Anne Cardenas
Diane Droeger
Marge Dvorak
PRECINCT NO. 8
Gerald Behm
Buphat Desai
John Eineke
Bob Flood
Bevery Gelao
Gloria Kittel
Claire Markie
Karyl Petersen
Rita Taylor
Sandra Wittmann
PRECINCT NO. 9
Elsie Anderson
BerniceDel Monte
Kumud Desai
Pat Hensley
Carol Mahre (co-
chair)
Katherine Mollers
Lorraine Petschel (co-
chair)
Barbara Vandeveer
PRECINCT NO. 13
Anne Fosburgh
Mark Gilstad
Diane Golaski
Anna Mae Hogan
Don Jungmann
Lorraine Taylor
PRECINCT NO. 14
Shirley Luttrell
Carol Berger
Constance Hines
Helen King
Anita Larson
Delores Lofgren
Kenneth Sullivan
PRECINCT NO. 15
Margaret Arneberg
PRECINCT NO. 16
Joan Bartelt
Carol Berthianume
Carolyn Eickhoff
Mary Grant
Carol Hamre
Mildred Iversen
Gayle Wasmundt
Martha Wells
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H. PUBLIC HEARINGS
1. 7:00 P.M. Schroeder Milk Economic Development District 1-5 (tax-Increment Financing Plan)
a. City Manager Fursman introduced the staff report.
b. Director of Community Development Coleman presented the specifics of the report.
c. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The
following person(s) was/were heard:
Mary Deerseath, Briggs and Morgan
Karl Schroeder, Owner, Schroeder Milk
g. Mayor Cardinal closed the public hearing.
Councilmember Wasiluk moved to adopt the followine for the desertification of Economic
Development District No. 104 and establishes Economic Development District No. 1-5. These
are for the tax-increment financing elan for the expansion of the Schroeder Milk processing plant
at 2080 Rice Street.
RESOLUTION 01-08-66
RESOLUTION APPROVING THE DECERTIFICATION OF ECONOMIC
DEVELOPMENT DISTRICT NO. 1-4 WITHIN DEVELOPMENT DISTRICT NO. 1,
ADOPTING THE MODIFIED DEVELOPMENT PROGRAM
FOR DEVELOPMENT DISTRICT NO. 1,
AND ESTABLISHING ECONOMIC DEVELOPMENT DISTRICT
NO. 1-5 THEREIN AND ADOPTING THE TAX INCREMENT
FINANCING PLAN THEREFOR; AND
RATIFYING NOTICE PUBLICATION
WHEREAS:
A. On June 28, 1999, the City of Maplewood, Minnesota (the "City")
heretofore created its Economic Development District No. 1-4 within its Development District
No. 1 for the Schroeder Milk project (the "Project"); and
B. Because the construction of the Project has been delayed it is proposed
that the City decertify Economic Development District No. 1-4 and establish Economic
Development District No. 1-5; and
C. As of the date hereof there are no bonds and obligations to which tax
increments from Economic Development District No. 1-4 have been pledged and there are no
unpaid costs of the Project; and
D. The City desires by this resolution to cause the decertification of
Economic Development District No. 1-4 after which all property taxes generated within
Economic Development District No. 1-4 will be distributed in the same manner as all other
property taxes; and
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E. The City's staff shall take such action as is necessary to cause the County
Auditor of Ramsey County to decertify Economic Development District No. 1-4 as a tax
increment district and to no longer remit tax increment from Economic Development District
No. 1-4; and
F. It has been proposed that the City modify the development program for
Development District No. 1, and establish Economic Development District No. 1-5 therein and
adopt a tax increment financing plan therefore under the provisions of Minnesota Statutes,
Sections 469.124 to 469.134 and 469.174 to 469.179 (collectively, the "Act"); and
G. The City Council has investigated the facts and has caused to be prepared
a proposed Modified Development Program for Development District No. 1, and has caused to
be prepared a proposed Tax Increment Financing Plan for Economic Development District No.
1-5; and
H. The City has performed all actions required by law to be performed prior
to the proposed establishment of Economic Development District No. 1-5, and proposed
adoption of the Modified Development Program and the proposed adoption of a Tax Increment
Financing Plan therefore, including, but not limited to, notification of Ramsey County and
Independent School District No. 623 having taxing jurisdiction over the property to be included
in Economic Development District No. 1-5 and the holding of a public hearing upon published
and mailed notice as required by law; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Maplewood as follows:
1. Economic Development District No. 1-4. The City desires by this resolution to cause the
decertification of Economic Development District No. 1-4 after which all property taxes
generated within Economic Development District No. 1-4 will be distributed in the same
manner as all other property taxes.
2. Development District No. 1. The City of Maplewood is not modifying the boundaries of
Development District No. 1.
3. Modified Development Program. The City of Maplewood is modifying the Development
Program for Development District No. 1 to allow for the increased costs associated with
Economic Development District No. 1-5 as described in the Modified Development Program
for Development District No. 1, a copy of which is on file in the office of the City Clerk, and
the Modified Development Program is adopted as the development program for
Development District No. 1.
4. Economic Development District No. 1-5. There is established in the City of Maplewood
within Development District No. 1 a tax increment financing district, the initial boundaries of
which are fixed and determined as described in the Tax Increment Financing Plan.
5. Tax Increment Financing Plan. The Tax Increment Financing Plan is adopted as the tax
increment financing plan for Economic Development District No. 1-5, and the City Council
makes the following findings:
(a) Economic Development District No. 1-5 is an economic development district as
defined in Minnesota Statutes, Section 469.174, Subd. 12, the specific basis for such
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determination being that the Schroeder Milk project will increase employment in the
State and it will result in the preservation and enhancement of the tax base of the
State.
(b) The proposed redevelopment in the opinion of the City Council, would not occur
solely through private investment within the reasonably foreseeable future and that
the increased market value of the site that could reasonably be expected to occur
without the use of tax increment financing would be less than the increase in the
market value estimated to result from the proposed development after subtracting the
present value of the prof ected tax increments for the maximum duration of Economic
Development District No. 1-5 permitted by the Tax Increment Financing Plan.
The reasons supporting this finding are that:
(i) Schroeder Milk has represented to the City that it would not undertake the project
in Maplewood without the City's use of tax increment financing. Private investment
will not finance these development activities because of prohibitive costs. It is
necessary to finance these development activities through the use of tax increment
financing so that other development by private enterprise will occur within
Development District No. 1.
(ii) A comparative analysis of estimated market values both with and without
establishment of Economic Development District No. 1-5 and the use of tax
increments has been performed as described above. Such analysis is found in
Exhibit C of the Tax Increment Financing Plan, and indicates that the increase in
estimated market value of the proposed development (less the indicated
subtractions) exceeds the estimated marketvalue of the site absent the
establishment of Economic
increments.
Development District No. 1-5 and the use of tax
(c) The Tax Increment Financing Plan for Economic Development District No. 1-
conforms to the general plan for development or redevelopment of the City of
Maplewood as a whole.
The reasons for supporting this finding are that:
(i) Economic Development District No. 1-5 is properly zoned; and
(ii) The Tax Increment Financing Plan will generally compliment and serve to
implement policies adopted in the City's comprehensive plan.
(d) The Tax Increment Financing Plan will afford maximum opportunity, consistent with
the sound needs of the City of Maplewood as a whole, for the development or
redevelopment of Development District No. 1 by private enterprise.
The reasons supporting this finding are that:
The development activities are necessary so that development and redevelopment by
private enterprise can occur within Development District No. 1.
6. Public Purpose. The Modified Development Program for Development District No. 1, and
the Tax Increment Financing Plan for Economic Development District No. 1-5 conform in all
respects to the requirements of the Act and will help fulfill a need to develop areas of the
City which are already built to provide employment opportunities, to improve the tax base,
and to improve the general economy of the State and thereby serves a public purpose.
Certification. The Auditor of Ramsey County is requested to certify the original net tax
capacity of Economic Development District No. 1-5 as described in Tax Increment Financing
Plan, and to certify in each year thereafter the amount by which the original net tax capacity
has increased or decreased in accordance with the Act; and the City Clerk is authorized and
directed to forthwith transmit this request to the County Auditor in such form and content as
the Auditor may specify, together with a list of all properties within Economic Development
District No. 1-5 for which building permits have been issued during the 18 months
immediately preceding the adoption of this Resolution.
8. Filing. The City Clerk is further authorized and directed to file a copy of the Modified
Development Program and Tax Increment Financing Plan for Economic Development
District No. 1-5 with the Commissioner of Revenue.
9. Administration. The administration of Development District No. 1 remains assigned to the
City Manager who shall from time to time be granted such powers and duties pursuant to
Minnesota Statutes, Sections 469.130 and 469.131 as the City Council may deem
appropriate.
10. Fiscal Disparities. The calculation of fiscal disparities for Economic Development District
No. 1-5 as in accordance with Minnesota Statutes, Section 469.177, Subdivision 3, clause b.
11. Notice of Public Hearing. The actions of City staff in causing the notice of public hearing to
be published in the official newspaper of the City are hereby ratified, confirmed and adopted.
Seconded by Councilmember Collins Ayes -All
2. 7:10 P.M. Home Occupation License Wethern (193 Mount Vernon Avenue)
a. Assistant City Manager Coleman introduced the staff report and presented the specifics
of the report.
a Commissioner Mary Dierich presented the Planning Commission report.
d. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The
following person(s) was/were heard:
Seven Wethern, 193 Mount Vernon Avenue, Applicant
e. Mayor Cardinal closed the public hearing.
Councilmember Wasiluk moved to approve the Home Occupation License for Steve and Mary
Wethern of 193 Mount Vernon Avenue to conduct an engraving business from their residential
property. Approval is subject to the following conditions:
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1. Compliance with all conditions of the city's home occupation ordinance.
2. Any garage space in excess of the 20 percent allowed for a business must be used for
storage of the Wetherns' non-business-type materials only.
3. The city council will review this home occupation license in one year.
Seconded by Councilmember Allenspach Ayes -All
I. AWARD OF BIDS
None
J. UNFINISHED BUSINESS
1. Approve Project Budget and Consultant Selection for Bush Avenue Reconstruction--City Project
O 1-04
a. City Manager Fursman introduced the staff report.
b. City Engineer Chuck Ahl presented the specifics of the report.
Councilmember Allenspach moved to approve TKDA to conduct the proiect engineering for the
Bush Avenue Reconstruction Project and that a proiect budget of $10.000 be established for the
preliminary report.
Seconded by Councilmember Wasiluk Ayes -All
2. Personal Service Massage Therapy -Code Change (Second Reading)
a. City Manager Fursman introduced the staff report and presented the specifics of the
report.
Councilmember Wasiluk moved to approve the second reading of the Personal Service Massage
Therapy -Code Change.
ORDINANCE NO. 815
ORDINANCE AMENDING THE PERSONAL
SERVICE MASSAGE THERAPHY CODE
ARTICLE L IN GENERAL
Sec. 24-1. Purpose of Chapter.
The purpose of this Chapter is to regulate, within the limits of the City, providers of personal
services, which include escort services, massage centers, saunas and bathhouses; and similar social,
recreational, and therapeutic activities.
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The provisions of this Chapter shall not apply to the incidental provision of such services by
athletic, lodging, recreational, religious, or social organizations upon their registered premises.
For the purpose of this Chapter, "incidental provision" shall mean that the cost of providing such
facilities, and any income generated from their use shall represent less than fifteen (15) percent of the
gross revenues generated by such organization
at such premises.
Cross reference -- Rules of construction and definitions generally, • •1-41 et seq.• 24-2.
Sec. 24-2. Definitions.
The following words, terms and phrases shall have the meanings respectively ascribed to them for the
purposes of this Chapter:
Bathhouse: Premises providing members of the public or a private club with bathing and personal
cleansing facilities for hygienic, therapeutic, restorative, or social purposes on a commercial basis.
Clinical Training: If applicant Grants clinical training on licensed premises, an agreement between
the school and the licensed premise must be provided to the city. Clinical hours must be done by
students that are in training for massage therapy at a recognized school approved by the State of
Minnesota Higher Education Services Office under the direct observation and supervision of an
instructor.
Escort: A person employed to provide companionship, attendance, or accompaniment to another
for social or recreational purposes; such employment not directly related to the health or safety of the
client.
Escort Service: Premises at, or through which, escort is advertised, offered, or provided for,
members of the public or a private club. For the purpose of this Chapter, a rap parlor is classified as an
on-premise escort service.
Massage Center: Premises in, or upon which, massage is offered or performed for members of
the public or of a private club.
Massage Therapist The recipient of a massage degree or certificate from a recognized school
who holds a current practitioner's license for massage therapy issued pursuant to the Article III of this
Chapter.
Operate: To own, manage or conduct, or to significantly participate in the ownership,
management or conduct of a business, enterprise or service regulated under this Chapter.
Outcall Service: Provision, a massage therapist of massage services at a premises other than a
licensed massage center.
Person: Any natural person, corporation, firm, partnership, or association.
Practitioner: A natural person licensed by the City to engage in the business of escort service,
sauna or bath house attendance, or massage therapy; either at a licensed premise of such service or on an
outcall basis.
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Rap parlor: A commercial enterprise hosting wide-ranging, on-premise verbal conversation
between its employees and members of the public or a private club.
Recognized school: With regard to a massage therapist (see above), a degree or certificate-
producingmassage program, approved by the State of Minnesota Higher Education Services Office,
which includes not less than five hundred (500) hours of training in the theory, method, and techniques
of massage. Exceptions to educational requirements must have Council approval.
Sauna: Premises providing members of the public or a private club with communal or individual
dry or moist heating facilities for therapeutic, restorative, rehabilitative, religious or social purposes on a
commercial basis. (Ord. No. 450, • •822.020, 8-3-78)
Sauna or Bathhouse Attendant: Practitioners, licensed pursuant to Article II of this Chapter,
employed at a licensed Sauna or Bathhouse premises to assist customers in the use of the facilities.
Attendant duties involve direct customer contact and include, but are not limited to: valet and grooming
service; issue of locks, lockers, towels, and clothing containers; and operation of sauna and bath
equipment.
Secs. 24-3. Violations • Penalties.
Failure to establish and maintain the premises and records required pursuant to this Chapter
constitutes a violation of this ordinance. Such violations shall be cause for suspension, revocation or
non-renewal of the premise or practitioner's license and, or, other penalties including a maximum fine
of seven hundred ($700) dollars.
Secs. 24-4 thru 24-9. Reserved.
Article IV. MASSAGE CENTERS
DIVISION 1: OPERATION
Sec. 24-90. Business Office and Records
Each massage center licensed under this Article shall maintain a business office at a street address
listed on the premise license application. The address must be an actual location from which business is
conducted, and not merely apost box or similar accommodation address. The name and telephone number
of the operator or manager, hours of operation of the service, and a copy of the premise license will be
prominently displayed at the business office.
Records of the massage center required by this Article, including the roster of massage therapists,
photographs of outcall therapists and register of outcall appointments, shall be available atthe premises for
inspection by City officials during the posted hours of operation.
Sec. 24-91. Roster of Massage Therapists.
Each massage center shall maintain, on the premises, a roster of massage therapists available through
the center. The roster shall include the name, practitioner's license number, address, and telephone number
ofthe therapist, the date that the massage center began representingthe therapist, and the date, as applicable,
that such representation ceased. The roster shall include the names of all massage therapists represented by
the massage center during the preceding twelve (12) months.
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Sec. 24-92. Register of Outcall Appointments.
Each massage center shall maintain, at the premises of record, a register of all appointments for
outcall service provided through the center. The register shall include the name and practitioner's license
number of the massage therapist, the name and address of the client, the method of payment, and the
address, date and time at which massage was provided. Appointments shall be registered in chronological
order by date and time of appointment. The register shall include all appointments for the previous twelve
months.
Sec. 24-93. Photographs of Outcall Massage Therapists.
Each massage center shall maintain, at the premises ofrecord, a color photograph of each massage
therapist available for outcall service through the center. Photographs shall befull-face, not less than 2• by
2• Rnches, and shall be renewed annually. The practitioner's license number ofthe therapist and the date
the photograph was made will be indicated in indelible ink on the reverse of the photo. Photographs will
be retained while the therapist is listed on the roster described in Sec. 24-18, above.
Sec. 24-94. Premise manager.
A manager must be assigned for each premises licensed under this Chapter and said manager must
have avalid massage therapist practitioner's license. The premise licensee shall designate a natural person
as manager and the manager shall be responsible for the conduct ofthe business until another natural person
has been designated in writing as manager by the licensee. The premise licensee shall promptly notify the
City Manager in writing of any change or managers; said notice indicating the name and address ofthe new
manager and the effective date of such change. (Ord. No. 450, • •822.070, 8-3-78)
Sec. 24-66. Clothing requirements.
The buttocks and genitals of all massage therapists and the breasts of female massage therapists
shall be opaquely clothed at all times during the provision of licensed services. (Ord. No. 450,
822.069, 8-3-78)
Sec. 24-95. Prohibited activities.
Any touching, manipulation, stimulation or excitation of the sexual or genital anatomy of a
client by a massage therapist, or of a massage therapist by a client, pursuant to the provision of
massage is expressly prohibited. In addition to penalties provided elsewhere in this Chapter, a
maximum fine of seven hundred ($700) dollars maybe imposed for each violation of this section. (Ord.
No. 450, • •822.120, 8-3-78)
Sec. 24-96. Prohibited solicitation of business by licensed practitioner.
No practitioner licensed under this Article shall solicit business in any public place or in any
licensed liquor establishment in the City. (Ord. No. 450, • •822.067, 8-3-78)
Secs. 24-97. Violations • Penalties.
Violation of requirements and procedures specified in this Article shall be cause for suspension,
revocation ornon-renewal of the premise or practitioner's license and, or, other penalties including a
maximum fine of seven hundred ($700) dollars.
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Secs. 24-98 thru 24-99. Reserved.
DIVISION 2. LICENSES
Sec 24-100. License Fees -Generally.
The fees charged by the City for preparing, recording and issuing licenses pursuant to this
Article shall be established by resolution of the City Council. (Ord. No. 450, • •822.034, 8-3-78)
Sec. 24-101. License Fee -Initial.
The license fee shall be paid when the application for a license under this Article is submitted
and shall not be refundable. (Ord. No. 450, • •822.035, 8-3-78)
Sec. 24-102. Same -Investigative fee.
Upon the filing of an application for a premise or individual license under this article, the applicant
shall pay in full any applicable investigative fee established by resolution ofthe City Council. Investigative
fees are non-refundable.
Investigative fees are assessed to defray the cost of background investigation of the prospective
licensee and, in the case of premise licenses, ofthe original designated managerthereof. No investigation is
required and no investigative fee shall be charged for routine annual renewal of licenses.
When a license has expired due to failure ofthe license-holderto apply fortimely renewal, or where
a license has been denied or revoked by action of the City Council; the City Manager, at the
recommendation ofthe chief ofpolice, may require the applicantto pay the investigative fee anew.(Ord. No.
450, • •822.050, 8-3-78)
Sec. 24-103. Premise license required.
Except for the incidental provision of services defined in Sec. 24-1 of this Chapter, each person,
firm, partnership, association, or corporation operating amassage service within the limits ofthe City must
be in possession of a current premise license for such business issued by the City.
Sec. 24-104. Premise license application -manner of submission.
An application for apremise license under this Article shall be made on forms supplied by the City
for such purpose and shall contain all information required by this Chapter. Any falsification or willful
omission of information required in the application shall be cause for denial, suspension or revocation of
said license. (Ord. No. 450, • •822.040, 8-3-78)
Sec. 24-105. Information required -premise license application.
Each applicant for amassage service premise license shall provide the following information on the
application form:
(1) Whether the applicant is a natural person, a corporation, a partnership or other form of organization.
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(2) If the applicant is anatural person, his or hertrne name, place and date of birth, street residence address and
phone number; whether the applicant is acitizen ofthe United States; whetherthe applicant has ever used or
has been known by a name other than his or her true name, and if so, what was such name or names, and
information concerning dates and places where used; the name ofthe business, if it is to be conducted under
a designation, name or style other than the full individual name of the applicant, and in such a case, a copy
of the certification, as required by M. S., Chapter 333, certified by the Clerk of the District Court shall be
attached to the application; the street addresses at which applicant has lived during the preceding five (5)
years; the kind, name, and location of every business or occupation the applicant has been engaged in during
the precedingfive (5) years; whetherthe applicanthas ever been convicted of any felony, crime, or violation
of any ordinance other than traffic ordinances, and, if so, the applicant shall furnish information as to the
time, place, and offense for which convictions were had; the physical description of the applicant; the
types and amount of training possessed by the applicant relevant to the operation of a massage center; and
the same information shall be required of the manager.
(3) Ifthe applicant is apartnership, the names and addresses of all partners and all information concerning each
partner and the manager as is required of an individual applicant in paragraph (2) above; the name of the
managing partner(s) and the interest of each partner in the business; a true copy of the partnership
agreement shall be submitted with the application, and if the partnership is required to file a certificate as to
atrade name underthe provisions of M.S., Chapter 333, a copy of such certificate, certified by the Clerk of
the District Court shall be attached.
(4) Ifthe applicant is a corporate or other organization, the name and, if incorporated, the state of incorporation;
atrne copy ofthe certificate of incorporation, Articles of incorporation of association agreement, and bylaws
shall be attached to the application, and if a foreign corporation, a certificate of authority, as described in
M.S., Chapter 303, shall be attached; the name of the manager and all information concerning said person
as is required by paragraph (2) above; a list of all parties who control or own an interest in excess offive (5)
percent in such corporation or organization or who are officers of the corporation or organization and all
information concerning said person(s) as is required by paragraph (2) above.
(5) Whether the applicant is licensed in other communities; and if so, where.
(6) Whether the applicant has previously been denied a license to conduct the type of business for which a
license is requested.
(7) Description and address of the premises for which the license is requested.
(8) Whether the applicant will allow clinical hours by students that are in training for massage thera~~
described in Article I Sec. 24.2.
f~~ If the applicant is a natural person, one front face photograph of the applicant, taken within thirty (30)
days of the date of application, at least two and one-half (2• •jRnches square. If the applicant is a
partnership, corporation, or other organization, one front face photograph of each partner and managing
agent, taken within thirty (30) days of the date of application, at least two and one-half (2• •jinches
square.
(s1j~Such other information as the City Council may require. (Ord. No. 450, • •822.041, 8-3-78)
Sec. 24-106. Application to be verified.
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The application for a premise license under this Article shall be signed and sworn to by the
applicant if the applicant is a natural person. If the applicant is a corporation, the application shall be
signed and sworn to by an officer of the corporation. If the applicant is a partnership, the application
shall be signed and sworn to by one of the partners. The application shall be notarized by a
commissioned notary public. (Ord. No. 450, • •822.043, 8-3-78)
Sec. 24-107. Issuance or denial.
No premise license shall be issued under this Article except pursuant to approved of the City
Council. The Council may grant or deny any license requested at its discretion.
Council approval shall not be necessary for the routine renewal of an existing business license;
provided that, failure to apply for renewal at least thirty (30) days before the expiration of an existing
license maybe considered an abandonment of this routine renewal privilege and Council approval may
be required prior to renewal is such cases. (Ord. No. 450, • •822.090, 8-3-78)
Sec. 24-108. Conditions of premise license.
No premise license shall be issued, renewed or continued in effect under this Article, unless there is
compliance with the minimum conditions and requirements as set forth in this Chapter. Failure to
maintain compliance shall be cause for denial, suspension or revocation of said license. (Ord. No. 450,
• •822.060, 8-3-78)
Sec. 24-109. Licensing of premises when taxes, assessments, claims, etc., due, unpaid, etc., to City,
county, or state.
No license shall be granted or renewed under this Article on any premises on which taxes,
assessment or other financial claims of the City, county or state are due, delinquent or unpaid. In the
event an action has been commenced pursuant to the provisions of Minnesota Statutes, Chapter 278,
questioning the amount or validity of taxes, the Council may, on appeal by the applicant, waive strict
compliance with this provision. No waiver maybe granted, however, for taxes or any portion thereof
which remain unpaid for a period exceeding one year after becoming due. (Ord. No. 450, • •822.160, 8-
3-78)
Sec. 24-110. Suspension or revocation of premise license.
A premise license issued under this Article maybe revoked by the Council for cause pursuant to a
hearing. Such hearing to be held after five (5) days notice to the licensee.
A license maybe suspended temporarily by the City Manager and suspension shall continue until
otherwise ordered by the Council, providing that the charges of the City Manager be delivered in writing
to the licensee and that the Council afford the licensee a hearing at its first scheduled meeting
immediately following the suspension order.
Upon hearing, the Council may continue the suspension for a specific period or may terminate same
or may continue the license in effect based upon any additional terms, conditions and stipulations which
the Council may in its sole discretion impose. (Ord. No. 450, • •822.170, 8-3-78)
Sec. 24-111. Prohibited activities when license suspended or revoked.
No premise licensee shall solicit business or offer or agree to perform any licensed service, nor
16
shall licensed employees of the business licensee solicit business or offer or agree to perform any
licensed service within the City, while the business license is under suspension or revocation under this
Article. (Ord. No. 450, • •822.180, 8-3-78)
Sec 24-112. Expiration date.
Premise licenses issued under this Division shall terminate on the last day of the calendar year in
which such license was issued. (Ord. No. 450, • •822.033, 8-3-78)
Sec. 24-113. Transfer of premise licenses.
No premise license issued under this Article shall be transferred to any other person or premises.
(Ord. No. 450, • •822.036, 8-3-78)
Sec. 24-114. Practitioner's License Required for Individuals.
It shall be unlawful for any natural person to engage in business as a massage therapist, as defined
in this Chapter, unless:
(1) Such person is in possession of a current practitioner's license; and,
(2) Such person is listed in the therapists' roster of at least one massage service currently
licensed under Section 24-19, above.
"Engage in business", means the provision of services described in this Chapter for which any
charge or fee is made or any money or thing of value is solicited or received by the provider.
Sec. 24-115. Minimum Age Requirement.
Every applicant for a practitioner's license under this Article must be a natural person and at least
twenty-one (21) years of age. (Ord. No. 450, • •822.037, 8-3-78)
Sec. 24-116. Disqualifications for licenses.No practitioner's license shall be issued to any applicant
who:
(1) Is undertwenty-one (21) years of age;
(2) Is not a United States citizen or legal resident alien;
(3) Has, within the past five (5) years, been convicted of a felony offense, or any misdemeanor
offense involving moral turpitude, or which relates directly to such persons ability, capacity or fitness to
perform the duties and discharge the responsibilities of the
licensed activity; or
(4) Within five (5) years prior to the date of application, has had a similar license revoked, denied
or suspended. (Ord. No. 450, • •822.064, 8-3-78)
Sec. 24-117. Filing of practitioner's license application.
Every application for a practitioner's license under this Article shall be filed with the City Clerk on
a form to be provided thereby. (Ord. No. 450, • •822.041, 8-3-78)
Sec. 24-118. Practitioner's license application -manner of submission.
17
An application for a practitioner's license under this Article shall be made on forms supplied by
the City for such purpose and shall contain all information required by this Chapter. Any falsification or
willful omission of information required in the application shall be cause for denial, suspension or
revocation of said license. (Ord. No. 450, • •822.040, 8-3-78)
Sec. 24-119. Information required -practitioner's license application.
Each applicant for a massage therapist's practitioner's license shall provide the following information
in their application:
(1) The applicant's true name, place and date of birth, street residence address and phone number;
whether the applicant is a citizen of the United States; whether the applicant has ever used or has
been known by a name other than his or her true name, and if so, what was such name or names,
and information concerning dates and places where used; the street addresses at which applicant
has lived during the preceding five (5) years; whether the applicant has ever been convicted of
any crime and, if so, the applicant shall furnish information as to the time, place, and offense for
which convictions were had; the physical description of the applicant; and the previous training
or experience of the applicant in providing massage services.
(2) Whether the applicant is presently licensed in other communities; and if so, where.
(3) Whether the applicant has previously been denied a license to provide massage services.
(4) One front face photograph of the applicant, taken within thirty (30) days of the date of
application, at least two and one-half (2• •jRnches square.
(5) Such other information as the City Council may require. (Ord. No. 450, • •822.041, 8-3-78.
Sec. 24-120. Educational requirements of applicants.
Every applicant for a massage therapist practitioner's license under this Article shall furnish a
certified copy of their diploma or certificate of graduation from a recognized school. (Ord. No. 450,
822.080, 8-3-78)
Sec. 24-121. Application to be verified.
The application for a practitioner's license under this Article shall be signed by the applicant, in the
presence of a city employee, at the time of filing. Applicants shall furnish satisfactory proof of
identification upon signing.
Sec. 24-122. Conditions of practitioner's license.
No practitioner's license shall be issued, renewed or continued in effect under this Article, unless
there is compliance with the minimum conditions and requirements as set forth in this Chapter. Failure
to maintain compliance shall be cause for denial, suspension or revocation of said license. (Ord. No.
450, • •822.060, 8-3-78)
Sec. 24-123. Issuance or denial; appeal.
18
~ ,
Applications for personal service licenses under this Article shall be reviewed by the chief of police
and such other City officials as the City Manager may deem necessary. At the earliest practicable time
thereafter, the City Manager shall issue or deny the request for a license based upon the
recommendation of such officials.
Denial of an application by the City Manager maybe appealed to the City Council, if such appeal
is made in writing within ten (10) working days following the date of denial of the license. When
appealed, the City Council ma~phold or reverse the decision of the City Manager.
Sec. 24-124. Suspension or revocation of practitioner's license.
A practitioner's license issued under this Article maybe suspended or revoked by the City Manager
for cause pursuant to an administrative hearing. Such hearing will be conducted by a city officer
appointed for this purpose by the City Manager and will be conducted five (5) days following the
service of notice of revocation upon the license holder.
The notice of revocation will specify the violations and causes upon which the suspension or
revocation is based and will afford the practitioner the opportunity to attend the administrative hearing.
Service of the notice maybe accomplished by certified mail to the practitioner's address of record or by
leaving a copy of the notice with the manager of the massage service which maintains the practitioner
upon it's roster of therapists.
Sec. 24-125. Appeal of suspension or revocation.
The practitioner may appeal a license suspension or revocation during a regularly meeting of the
City Council. After reviewing the grounds for action and the results of the administrative hearing, the
Council may uphold or reverse the decision of the hearing officer and it's judgement in this matter shall
be final.
Sec. 24-126. Prohibited activities when practitioner's license suspended or revoked.
No practitioner licensed under this Article shall solicit business or offer or agree to perform any
licensed service within the City when the license of said person has been suspended or revoked. (Ord.
No. 450, • •822.190, 8-3-78)
Sec. 24-127. Practitioner's license to be carried, etc.
A copy of the practitioner's license or an identification card, issued under this Chapter by the City,
shall be carried by the licensee at all times while so employed and licensees shall present such
documents for inspection when so requested by a proper official of the City. (Ord. No. 450, • •822.110,
8-3-78)
Sec 24-128. Expiration date.
Practitioner's licenses issued under this Article shall terminate on the last day of the calendar year in
which such license was issued. (Ord. No. 450, • •822.033, 8-3-78)
19
Sec. 24-129. Reserved.
Article IV. LICENSED PREMISES
Sec. 24-130. Construction requirements.
All premises licensed under this Chapter shall meet the following construction requirements:
(1) Mechanical ventilation, lighting, and sanitary fixtures for closets, restrooms, offices, treatment areas
and public areas shall conform the codes established by the American Society of Heating,
Refrigeration and Air Conditioning Engineers and by the Uniform Building Codes.
(2) Individual lockers shall be provided or the use of patrons with separate keys for locking.
(3) The doors to saunas and individual massage rooms shall not be equipped with any locking device
and shall not be blocked or obstructed from either side. (Ord. No. 450, • •822.061, 8-3-78)
Sec. 24-131. Maintenance requirements.
All premises licensed under this Chapter shall meet the following maintenance requirements:
(1) Hand washing sinks, urinals, floors, walls and equipment shall be kept in a state of good repair
and maintained in a clean, sanitary condition at all times.
(2) Sanitary hand cleaning agents, sanitary towels and toilet tissue shall be provided at all times.
(3) Adequate refuse receptacles shall be provided and shall be emptied as required.
(4) Linens and other materials shall be stored aY least twelve (12) inches offthe floor.
(5) Clean towels and washcloths shall be made available for each customer in massage centers
sauna, and bathhouses. (Ord. No. 450, • •822.062, 8-3-78)
Sec. 24-132. Zoning requirements.
In the development and execution of this Chapter, it is recognized that there are some uses which,
because of their very nature, are recognized as having serious objectionable operational characteristics,
particularly when several of these uses are concentrated under certain circumstances, thereby having a
deleterious effect upon the adjacent areas. Special regulation ofthese uses is necessary to insure thatthese
adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood.
Therefore, all premises licensed under this Chapter shall meet the following zoning requirements in addition
to any others that may otherwise be provided for by this Code and other ordinances of this City:
(1) A business license shall be issued under this Chapter only for property zoned business-
commercial; provided that, such use is not detrimental to existing and future development.
(2) No escort service, massage center, sauna, or bathhouse shall be operated within twenty-six
hundred (2,600) feet of any other escort service, massage center, sauna or bathhouse.
(3) No escort service, massage center, sauna, or bathhouse shall be operated within twenty-six
hundred (2,600) feet of any residentially zoned district, a church, a nursery, an elementary,
20
junior high or high school or any establishment frequented by juveniles. (Ord. No. 450,
822.063, 8-3-78)
Sec. 24-133. Closing hours.
No premises licensed under this Chapter shall be open between the hours of 10:00 p.m. and 7:00 a.m. of
the following day. Operating hours are restricted from 12:00 noon to 5:00 p.m. on Sundays. (Ord. No. 450,
• •822.063, 8-3-78)
Sec. 24-134. Inspections of premises.
All applicants and licensees under this Chapter shall allow a proper official of the City to inspect and
periodically examine the premises for the purpose of ascertaining that said premises conform to all
requirements and regulations pertaining to health, fire and sanitation and to ensure the preservation of the
good order and peace of the City. Any refusal on the part of the applicant or licensee to allow such
inspection or examination shall be deemed as sufficient grounds upon which the City Manager may deny,
suspend or revoke a license. (Ord. No. 450, • •822.100, 8-3-78)
Sec. 24-135. Minimum age requirement for presence on premises, exception.
No person under the age of eighteen (18) years shall be permitted at any time on the premises licensed
under this Chapter as a customer or guest, unless accompanied by a parent or guardian. (Ord. No. 450,
822.130, 8-3-78)
Sec. 24-136. Alcoholic beverages on premises.
No alcoholic beverages shall be allowed on any premises licensed under this Chapter
at any time. (Ord. No. 450, • •822.140, 8-3-78)
Cross reference --Alcoholic beverages generally, Ch. 5.
Secs. 24-137. Violations • Penalties.
Violation ofrequirements and procedures specified in this Article shall be cause for suspension, revocation
or non-renewal of the business premise or personal service license and, or, other penalties including a
maximum fine of seven hundred ($700) dollars.
Seconded by Councilmember Collins Ayes -All
K. NEW BUSINESS
1. Approve Policy and Procedure for Connection to Utility Main by Non-Assessed Property
a. City Manager Fursman introduced the staff report.
b. City Engineer Ahl presented the specifics of the report.
Councilmember Collins moved to approve the Internal Policy and Procedure for Connection to
Utility Main for Non-Assessed Property.
21
Seconded by Councilmember Allenspach Ayes -All
2. August 23`d Budget Meeting -Change of Venue and Time
a. City Manager Fursman introduced the staff report and presented the specifics of the
report.
Councilmember Collins moved to approve the time and venue for the first budget meeting at
5:00 n.m. on August 22. 2001 in the Council Chambers.
Seconded by Councilmember Allenspach Ayes -All
L. VISITOR PRESENTATIONS
None
M. COUNCIL PRESENTATIONS
1. Garbage Hauling Study-This item will be placed under Future Topics on the CounciUManager's
Workshop Agenda.
2. Joy Park-Councilmember Collins would like to see continued improvements made to the park,
and the part time police trafficking of the park reviewed.
3. City Manager Fursman reminded the public that the City Clerk's office is now open until 7:00
p.m. on Monday nights.
N. ADMINISTRATIVE PRESENTATIONS
None
O. ADJOURNMENT
Councilmember Collins moved to adjourn the meeting at 8:50 P.M.
Seconded by Councilmember Allenspach Ayes -All
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